`Washington, D.C.
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`In the Matter of
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`CERTAIN LIGHT-BASED
`PHYSIOLOGICAL MEASUREMENT
`DEVICES AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-1276
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`ORDER DENYING RESPONDENT’S MOTION TO STAY REMEDIAL ORDERS
`PENDING APPEAL AND/OR IN LIGHT OF POTENTIAL GOVERNMENT
`SHUTDOWN
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`On August 18, 2021, the Commission instituted this investigation under section 337 of
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`the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (“section 337”), based on a complaint filed
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`on behalf of Masimo Corporation and Cercacor Laboratories, Inc., both of Irvine, California
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`(collectively, “Complainants”). See 86 Fed. Reg. 46275 (Aug. 18, 2021). The complaint, as
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`amended, alleged violations of section 337 based upon the importation into the United States, the
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`sale for importation, and the sale within the United States after importation of certain light-based
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`physiological measurement devices and components thereof by reason of infringement of certain
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`claims of U.S. Patent No. 10,912,501 (“the ’501 patent”); U.S. Patent No. 10,912,502 (“the ’502
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`patent”); U.S. Patent No. 10,945,648 (“the ’648 patent”); U.S. Patent No. 10,687,745 (“the ’745
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`patent”); and U.S. Patent No. 7,761,127 (“the ’127 patent”). Id. The amended complaint further
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`alleged that an industry in the United States exists and/or is in the process of being established as
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`required by section 337. Id. The notice of investigation named Apple Inc. of Cupertino,
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`California (“Apple”) as the sole respondent. Id. at 46276. The Office of Unfair Import
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`Investigations did not participate in this investigation. Id.
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`Before the presiding administrative law judge (“ALJ”) issued the final initial
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`determination (“Final ID”), Complainants withdrew from the investigation certain asserted
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`patent claims. See Order No. 25 (Mar. 23, 2022), unreviewed by Comm’n Notice (Apr. 12,
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`2022); Order No. 33 (May 20, 2022), unreviewed by Comm’n Notice (June 10, 2022). At the
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`time of the Final ID, only claim 12 of the ’501 patent, claims 22 and 28 of the ’502 patent,
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`claims 12, 24, and 30 of the ’648 patent, claims 9, 18, and 27 of the ’745 patent, and claim 9 of
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`the ’127 patent remained in the investigation. Claim 18 of the ’745 patent remained at issue for
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`purposes of the domestic industry only.
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`On January 10, 2023, the ALJ issued the Final ID, which found that Apple violated
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`section 337 as to claims 24 and 30 of the ’648 patent, but not as to claim 12 of the ’501 patent,
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`claims 22 and 28 of the ’502 patent, claim 12 of the ’648 patent, claims 9 and 27 of the ’745
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`patent, and claim 9 of the ’127 patent. See, e.g., Final ID at 335–36.
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`On May 15, 2023, the Commission determined to review the Final ID in part. See 88
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`Fed. Reg. 32243, 32243–46 (May 19, 2023). The Commission requested briefing on certain
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`issues under review and on remedy, the public interest, and bonding. See id.
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`On October 26, 2023, the Commission issued its final determination in this investigation,
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`finding Apple in violation of section 337 as to only claims 22 and 28 of the ’502 patent and
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`claims 12, 24, and 30 of the ’648 patent. 88 Fed. Reg. 75032, 75032–33 (Nov. 1, 2023). The
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`Commission issued: (1) a limited exclusion order prohibiting the importation of light-based
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`physiological measurement devices and components thereof that infringe one or more of claims
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`22 and 28 of the ’502 patent and claims 12, 24, and 30 of the ’648 patent; and (2) a cease and
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`desist order directed to Apple. Id. The Commission determined that the public interest factors
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`did not preclude issuance of the limited exclusion order or the cease and desist order. Id. The
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`2
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`Commission further determined that no bond was to be required during the period of Presidential
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`review. See id.; 19 U.S.C. 1337(j)(3).
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`On October 30, 2023, Apple filed a motion to stay the exclusion and cease and desist
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`orders pending appeal and/or in light of a potential government shutdown. On November 9,
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`2023, Complainants filed an opposition to Apple’s motion.
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`Upon review of Apple’s motion and Complainants’ response thereto, it is hereby
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`ORDERED that:
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`(1) Apple’s motion to the stay exclusion and cease and desist orders pending appeal
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`and/or in light of a potential government shutdown is denied; and
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`(2) Notice of this Order shall be served on the parties to this investigation.
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`By order of the Commission.
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`Issued: December 20, 2023
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`Lisa R. Barton
`Secretary to the Commission
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`3
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